Council of the Cherokee Nation - File #: 21-064

• File #: 21-064
• Version: 1
• Name: N/A
• Type: Resolution
• Status: Passed
• File created: 6/30/2021
• In control: TRIBAL COUNCIL
• On agenda: 7/12/2021
• Final action: 7/15/2021
• Enactment date: 7/12/2021
• Enactment #: R-035-21
• Title: A RESOLUTION AUTHORIZING CHEROKEE NATION TO NEGOTIATE AND/OR ADVERTISE FOR BID TO LEASE TRIBAL UNITS ON FEE OR TRUST LAND
• Sponsors: Rex Jordan, E. O. "JR." Smith
• Indexes: Land, Lease
• Code sections: N/A - Not Applicable

Date	Ver.	Action By	Action	Result
7/15/2021	1	OFFICE OF THE CHIEF	Signed
7/12/2021	1	TRIBAL COUNCIL	Approved	Pass
7/12/2021	1	RESOURCE COMMITTEE	Approved and Forwarded to Council	Pass

Title
A RESOLUTION AUTHORIZING CHEROKEE NATION TO NEGOTIATE AND/OR ADVERTISE FOR BID TO LEASE TRIBAL UNITS ON FEE OR TRUST LAND
Body
WHEREAS, the Cherokee Nation since time immemorial has exercised the sovereign rights of self-government on behalf of the Cherokee people;

WHEREAS, the Cherokee Nation is a federally recognized Indian Nation with a historic and continual government to government relationship with the United States of America;

WHEREAS, the Cherokee Nation has certain areas of farming and grazing land that are leased to individuals and several units of this nature will become available on or about January 1, 2022;

WHEREAS, the Cherokee Nation wishes to lease such units for the normal lease cycle which will begin January 1, 2022 and end December 31, 2026;

WHEREAS, the Cherokee Nation Real Estate Services requests the tribal Council to issue a waiver of said regulation requiring surety bonds on Cherokee Tribal Land Leases. According to regulations contained in 25 CFR 162.234, the tenant must secure a bond, however under 162.203 (2) the bond can be waived by tribal resolution. Cherokee Nation has determined that a waiver of performance bond or alternative form of security is in the best interest of the tribe, and;

WHEREAS, The Cherokee Nation requests a Waiver of Valuation pursuant to 25 CFR ?162.420(a). The Cherokee Nation has determined that:

1. Cherokee Nation has negotiated compensation satisfactory to the tribe.
2. Cherokee Nation waives valuation; and
3. Cherokee Nation has determined that accepting such bids or negotiated compensation and waiving valuation is in the best interest of the tribe.

BE IT RESOLVED BY THE CHEROKEE NATION, that the Principal Chief of Cherokee Nation, Chuck Hoskin Jr., and/or his authorized designee(s) be authorized to enter into the above described leasing, with the appraisal and bond waived, in accordance with 25 CFR ? 162 and the Bureau of Indian Affairs policy and procedure for leasing ...